EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS 3

WHEREAS:

WHEREAS:

WHEREAS:

Congress enacted and the President of the United States signed into
law the Patient Protection and Affordable Care Act on March 23, 2010
and the Health Care and Education Reconciliation Act on March 30,
2010 (collectively “PPACA”); and

A focus of the PPACA was to address the availability and affordability
of health insurance in the United States through the creation of various
health insurance exchanges and through the implementation of an
individual mandate to buy health insurance by 2014; and

There are significant constitutional problems with the PPACA,
particularly with regard to an individual mandate to buy health
insurance and with the expansion of those who would be covered by
the Medicaid program; and

The State of Georgia has joined a multi-state constitutional challenge
to the PPACA (State of Florida et al. vs. U.S. Department of Health
and Human Services et al.) which is currently on appeal before the
United States Court of Appeals for the Eleventh Circuit; and

Until a resolution of the constitutional challenge to PPACA or until
Congress repeals or modifies the existing federal law, the State of
Georgia must prepare for the many challenges presented by
implementation of the PPACA; and

The PPACA requires the establishment of health insurance exchanges
by 2014 and that, if the State of Georgia does not create a state-run
exchange, either as a separate governmental agency or as a non-profit
entity, the federal government shall establish and manage the
exchange; and

There is limited guidance on how to create a state-based exchange and
even less guidance on how a federally—managed exchange would
operate; and